We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
What is Legislative Divorce? A Comprehensive Overview
Definition & meaning
Legislative divorce, also known as parliamentary divorce, refers to the process where a marriage is legally dissolved by an act of the legislature rather than through the court system. This method of divorce was more common in the past, particularly in the 18th century, when colonial American legislatures had the authority to grant divorces through special statutes. An example of this is the divorce granted to Rachel Robards Jackson from her former spouse by the House of Burgesses of Virginia in 1816, who was the wife of future President Andrew Jackson. Today, only state courts have the power to grant divorces.
Table of content
Legal use & context
Legislative divorce is a historical concept and is rarely used in modern legal practice. In contemporary times, divorce is primarily handled through family law courts. Users may encounter legislative divorce in historical legal contexts or when researching past divorce cases. For those looking to manage their divorce proceedings, US Legal Forms offers templates and resources to assist in navigating the current legal landscape.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
One notable example of legislative divorce is the case of Rachel Robards Jackson, who was granted a divorce by the Virginia House of Burgesses in 1816. This was a significant event as it involved a future First Lady and highlighted the legislative powers of that era.
Comparison with related terms
Term
Definition
Key Differences
Legislative Divorce
Divorce granted by a legislative body.
Historical practice, not used in modern law.
Court Divorce
Divorce granted by a family law court.
Current legal practice, governed by state laws.
Common misunderstandings
What to do if this term applies to you
If you are researching divorce options, it is essential to understand that legislative divorce is not an option today. Instead, consider consulting a family law attorney or using resources like US Legal Forms to find the appropriate forms and guidance for filing a divorce in your state.
Find a legal form that suits your needs
Browse our library of 85,000+ state-specific legal templates.